In a recent ruling, E.M.D. Sales, Inc. v. Carrera, the US Supreme Court held that a “preponderance of the evidence” is the appropriate legal standard to determine if an employee is exempt under the Fair Labor Standards Act (FLSA). This is compared to the standard the respondent advanced, which is the much more stringent “clear and convincing evidence” standard. This means that it may be much harder for employees to prove they should be entitled to overtime pay. Continue reading “USSC Holds “Preponderance” Standard in FLSA Case”
Author: Steven Mitchell Sack
What is a Severance Agreement, and Why Does it Matter?
If you work for a company and suddenly get laid off, there is a chance you may be given something known as a severance agreement. These agreements detail a number of important issues related to getting let go from your job, and can have a number of important legal and financial implications for you. But what exactly is a severance agreement, and why might it matter to you?
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FLSA Salary Increase Struck Down in Federal Court
A federal court in the Eastern District of Texas has struck down a recent Department of Labor (DOL) rule change that would have increased the income limit of people eligible for overtime under the Fair Labor Standards Act (FLSA). Under the court’s ruling, the overtime rule itself is unconstitutional, not only invalidating this rule change, but also a previous income increase. The net result is that fewer people will now be eligible for overtime pay in their current positions.
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Seven Potential Signs of Religious Discrimination
Religious discrimination is a serious issue that affects people of all faiths, resulting in significant personal and professional harm. However, not everyone recognizes the signs of religious discrimination when they happen, even when they cause serious problems for their victims. Here are seven potential signs of religious discrimination:
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Seven Ways Employers May Engage in Wage Theft
Wage theft is the broad term for when employers refuse to pay employees what they are legally owed for their work. This is a disturbingly common problem, resulting in billions of dollars in losses to employees who are denied their rightly earned wages and benefits. Here are seven ways employers may engage in wage theft:
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Seven Potential Signs of Sex Discrimination
Sex discrimination refers to any type of action that involves treating an employee worse based on their sex, gender identity, sexual orientation, or pregnancy status. Despite the fact that it is illegal, a shocking number of employers engage in it, making life more difficult for women and men in the workplace. Here are seven potential signs of sex discrimination:
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Children’s Hospital Sued by EEOC for Disability Discrimination
A children’s hospital located in Atlanta, Georgia, is facing a lawsuit from the Equal Employment Opportunity Commission (EEOC) after it allegedly discriminated against a job applicant due to a disability. More specifically, the applicant noted that they had an egg allergy that would require them to get an alternative flu vaccine. Rather than grant this accommodation, the hospital rescinded its offer of employment, which the EEOC claims resulted in discrimination.
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Non-Compete Ban Blocked by Texas Court
A federal district court in Texas has set aside a recently passed rule issued by the Federal Trade Commission (FTC) which made it illegal for employers to make employees sign non-compete agreements. These agreements were prohibited to make it easier for employees to obtain alternative work or start their own businesses. As a result of this ruling, the FTC’s rule cannot be enforced, but it will remain on the books until the case is fully litigated.
What is Retaliation in the Context of Employment Law?
While laws like Title VII of the Civil Rights Act (Title VII) and the Americans with Disabilities Act (ADA) protect Americans from facing discrimination in the workplace, they also protect people from retaliation from their employers. Notably, this protection extends to all employees, not merely those who were originally discriminated against. But what exactly is retaliation in the context of employment law, and how might it affect you?
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What is Employee Misclassification, and Why Does it Happen?
Employee misclassification is a surprisingly common problem that employees face in every industry and at every income level. When it happens, it can cost employees a significant amount of money and place them in otherwise avoidable legal peril. But what exactly is employee misclassification, and why might it happen to you?
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